Ricket argued Cunningham is not qualified for the job because he is neither a town resident nor an engineer. In January, the town removed Robert Mitchell as public works commissioner and replaced him with Cunningham, who lost a bid to remain Bethlehem supervisor in November.

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State Supreme Court Justice Thomas McNamara said the town did not have to fire the two men and force them to return any pay they received. Ricket had claimed the pay was an illegal gift.

While an elected town highway superintendent must live in the town, he said, towns can eliminate the post and give the duties to a public works commissioner who is not required to be a resident, the judge ruled. He also rejected the contention the commissioner must be an engineer.

"I'm really pleased to be working for the town of Colonie," Cunningham said in response to the decision. "I'm just glad we can focus on the work we need to do to help the taxpayers of the town."

While they were both properly qualified, McNamara ruled, Burick, a former campaign aide to Supervisor Paula Mahan, should have been named to a four-year term rather than six years in office.

Burick replaced Michael Foley, but the board should have appointed him to the remaining four years in Foley's term rather than a full six-year term, the judge said.

"Burick's appointment for six years instead of the four of the unexpired term was not proper," the judge ruled. "However, the Court finds no reason to annul the appointment but, instead, directs that the resolution be amended to provide for a four-year appointment."

The court case was a waste of taxpayers' funds, Burick said.

"The GOP brought a suit that at the end of the day accomplished nothing but cost us money," he said. "It didn't do anything for the town but we'll move forward."

An appeal will be filed over the parts of the case Ricket lost, Keniry said. Cunningham does not have an engineering degree, is not a licensed engineer and does not have 10 years of supervisory experience, all key components of the job, he said.

"Regardless of politics, the question to be asked is: Isn't there a qualified person who is an engineer in the town of Colonie who would have at least liked to be considered on the merits, straight up, face to face, for this very important position?" Keniry said.

Staff writer Tim O'Brien can be reached at 454-5092 or by e-mail at tobrien@timesunion.com.